State v. Smith

Johnson. J.

Before trial on a charge of being a felon in possession of a firearm, RSA 159:3 (Supp. 1988), defendant filed a motion to dismiss, arguing that the adoption of part I, article 2-a of the New Hampshire Constitution conferred the right to bear arms on all citizens, and therefore rendered RSA 159:3 (Supp. 1988) unconstitutional. The Superior Court (Mohl, J.) denied his motion, and defendant was convicted on stipulated facts by the Court (Gray, J.). The defendant now appeals, claiming that his conviction violated his constitutional right to bear arms and his right of due process, as…